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What is the dual court system in the U.S.?
A system consisting of both Federal and State courts, each with distinct jurisdictions.
What types of cases do federal courts handle?
Cases involving federal law.
What is the structure of the federal court system?
It includes District Courts, Circuit Courts, and the Supreme Court.
How many federal district courts are there in the U.S.?
94 federal district courts.
What is the role of Circuit Courts?
They serve as appellate courts, reviewing decisions made by district courts.
What is the typical structure of state courts?
State courts typically include lower trial courts, general jurisdiction courts, and appellate courts.
What is the function of grand juries?
They determine whether there is enough evidence to charge someone with a crime.
How many members typically make up a grand jury?
15-23 members.
What distinguishes grand juries from trial juries?
Grand juries do not determine guilt but assess if there is probable cause for an indictment.
What is the adversarial system in the U.S. justice system?
A system where two opposing parties present their cases to an impartial judge or jury.
What percentage of criminal cases are resolved through plea bargains?
Approximately 90%.
What is the jury selection process called?
Voir Dire.
What types of evidence can be presented in court?
Direct (real evidence) and indirect (circumstantial) evidence.
What is the purpose of direct examination in trials?
To establish the elements of the crime through witness testimony.
What happens during cross-examination?
The defense challenges the credibility of the prosecution's witnesses.
What is a hung jury?
A situation where jurors cannot reach a unanimous decision, leading to a mistrial.
What is plea bargaining?
A negotiation process where the defendant agrees to plead guilty for a lesser charge or sentence.
What are some pros of plea bargaining?
Reduced court congestion, quicker resolutions, and guaranteed convictions for prosecutors.
What are some cons of plea bargaining?
Potential coercion of defendants and lack of transparency.
What is bail?
A financial guarantee to ensure a defendant's appearance in court.
What is a common sanction in the U.S. criminal justice system?
Probation.
What issues are associated with the current bail system?
Disproportionate effects on low-income individuals and systemic inequalities.
What is the role of corrections in the criminal justice system?
To manage individuals who have been convicted, overseeing rehabilitation and reintegration.
What is the purpose of jury instructions?
To outline legal standards and definitions relevant to the case for the jurors.
What is the process of deliberation in a jury trial?
Jurors discuss the evidence and reach a verdict, which must be unanimous in most cases.
What is the significance of the prosecutor's role in the trial process?
They decide which charges to file and whether to accept plea deals.
What is the impact of pre-trial detention on defendants?
It can lead to increased likelihood of pleading guilty and longer sentences.
What are the potential outcomes of a plea bargain?
A lesser charge or sentence for the defendant in exchange for a guilty plea.
What is the most common sanction in the U.S. criminal justice system?
Probation
As of 2015, how many Americans were on probation?
Over 2.9 million
What is the approximate number of individuals currently imprisoned in the U.S.?
Nearly 2 million
What are the two main types of sentences in the U.S. criminal justice system?
Indeterminate and Determinate sentences
What is an indeterminate sentence?
A sentence without a fixed length, where release depends on behavior and parole board decisions.
What is a determinate sentence?
A sentence with a fixed duration, providing clarity on the time served.
What is a life sentence?
A sentence where an individual serves life in prison, with many receiving 'virtual life' sentences.
What are mandatory minimums?
Strict minimum sentences enforced for certain crimes, limiting judicial discretion.
What are community-based sentences?
Sentences that allow offenders to serve their time in the community under supervision, such as probation and parole.
What is the purpose of sentencing guidelines?
To reduce judicial discretion and ensure consistency in sentencing across similar cases.
What challenge do sentencing guidelines face?
They may not account for individual circumstances, leading to potential injustices.
What is the impact of overly harsh sentences on recidivism?
They may not effectively deter crime and can lead to higher rates of recidivism, especially among non-violent offenders.
What is probation?
A court-imposed sanction allowing offenders to remain in the community under supervision instead of serving time in prison.
What is parole?
A conditional release from prison allowing individuals to serve the remainder of their sentence in the community.
What are intermediate sanctions?
Alternatives to incarceration that fall between probation and prison, such as house arrest and electronic monitoring.
What can happen if a probationer fails to meet conditions?
It can lead to revocation and incarceration.
What percentage of new prison admissions in 2014 were due to probation violations?
45%
What are the societal implications of sentencing practices?
Racial and economic disparities, financial burden of incarceration, and challenges with elderly inmates.
How do community-based programs affect recidivism?
They can reduce recidivism and improve public safety by addressing the root causes of criminal behavior.
What factors affect parole success?
Family dynamics, treatment programs, and minor violations of parole conditions.
What role do probation officers play?
They monitor parolees and determine compliance with parole conditions.
What can positive relationships with probation officers lead to?
More favorable outcomes for parolees.
What is the impact of high caseloads on probation officers?
It can hinder their ability to provide individualized support and supervision.
What is the significance of racial and economic disparities in sentencing?
They raise concerns about systemic bias in the criminal justice system.
What are the economic costs of incarceration?
Significant financial burden on taxpayers, diverting funds from rehabilitation and community programs.
What unique challenges do elderly inmates present?
They are less likely to reoffend but incur higher healthcare costs.
What significant legal document was established in 1215 that limited the power of the crown?
The Magna Carta
What is the current incarceration rate in the U.S. per 100,000 residents?
541 per 100,000 residents
What is the annual financial cost of the U.S. correctional system?
Exceeding $182 billion annually
How many local jails are there in the U.S.?
3,116 local jails
What are the four security levels of U.S. correctional facilities?
Minimum, medium, maximum, and supermax
What is the typical duration of isolation in solitary confinement?
22.5 to 24 hours a day
What are common psychological effects of solitary confinement?
Severe psychological effects, including increased mental health issues
Which demographic is disproportionately represented in solitary confinement?
People of color, particularly Black and Hispanic individuals
What alternatives to solitary confinement have shown promise in reducing recidivism?
Mental health treatment and rehabilitation programs
What health risks do incarcerated individuals face compared to the general population?
Higher rates of chronic diseases and mental health disorders
What is the risk of death for returning citizens in the first two weeks post-release?
12 times higher than non-incarcerated individuals
What is a grand jury?
A legal body empowered to investigate potential criminal conduct and determine whether charges should be brought
What is the purpose of the indictment process in a grand jury?
To formally charge an individual with a crime based on sufficient evidence
Do individuals have the right to legal representation during grand jury proceedings?
No, they do not have the right to legal representation
What is prosecutorial discretion?
The power of prosecutors to decide what evidence to present and whether to pursue charges
How does plea bargaining affect the court system?
It alleviates the burden on the court system by resolving cases without a trial
What is a potential downside of plea bargaining for defendants?
It raises ethical questions about coercion and the rights of the accused
What is the structure of the final exam in this course?
It will mirror the midterm, focusing on the second half of the semester's material
What study strategies are recommended for exam preparation?
Understanding key concepts, reviewing quiz questions, and discussing topics with classmates
What is the outcome of a plea deal for a defendant charged with Murder 2?
They may be offered a plea to manslaughter, resulting in a significantly reduced sentence
What benefit does plea bargaining provide to victims' families?
It ensures a conviction and punishment without the uncertainties of a trial
What is the impact of solitary confinement on juveniles in adult facilities?
Higher rates of suicide and mental health issues
What is the role of the grand jury in protecting citizens?
It serves as a mechanism to protect citizens from unfounded criminal charges
What can lead to disparities in how individuals are treated in the justice system?
Prosecutorial discretion and the motivations of prosecutors
What is the significance of the secrecy of grand jury proceedings?
It complicates the accused's ability to prepare a defense
What is a major disadvantage of public defenders?
They often have limited time to prepare cases, leading to inadequate defense.
How long is the average meeting time between public defenders and defendants?
About 7 minutes.
What pressure might defendants face regarding plea deals?
They may feel pressured to accept plea deals without fully understanding the implications.
What can lead to coercive situations in plea bargaining?
The imbalance of power between the prosecution and defendants.
How does the bail system influence plea bargaining?
Flaws in the bail system can affect decisions in plea bargaining, leading to cascading effects.
What is the purpose of voir dire?
To assess potential jurors' suitability and uncover biases during jury selection.
What does 'voir dire' mean in French?
'To speak the truth'.
What types of questions are asked during voir dire?
Questions about personal experiences, relationships, and knowledge related to the case.
What are the two main types of challenges in voir dire?
Challenges for cause and peremptory challenges.
What is a challenge for cause?
A challenge that has no limit and excludes jurors based on specific biases.
What is a peremptory challenge?
A challenge that allows attorneys to exclude jurors without stating a reason, limited in number.
How can voir dire impact trial outcomes?
It can significantly influence the composition of the jury and the fairness of the trial.
Who typically conducts voir dire?
The judge, attorneys, or both, depending on courtroom practices.
What role does technology play in jury selection?
Technology like white noise machines may be used to maintain confidentiality during questioning.
What socioeconomic issue is reflected in bail practices?
Individuals who can afford bail are released while those who cannot remain incarcerated.
What ethical concerns arise from sentencing discrepancies?
Mandatory minimums can lead to disproportionately harsh penalties, raising questions about justice.
What challenges do defendants face in obtaining legal representation?
Many struggle to find effective representation, especially when relying on overburdened public defenders.
What is a potential outcome of coercion into plea deals?
Defendants may accept deals that do not serve their best interests.
What is the significance of high-profile plea deals?
They can highlight public perception and legal implications of plea bargaining.
What ongoing debates surround plea bargaining?
Discussions about its ethics and effectiveness in achieving justice.
What reforms are being considered for plea bargaining?
Increasing transparency and fairness in the plea bargaining process.